Hazell Bros Group Pty Ltd

[2013] FWCA 2747

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Hazell Bros Group Pty Ltd
(AG2013/6160)

HAZELL BROS GROUP & AUSTRALIAN WORKERS UNION (SOUTH AUSTRALIAN BRANCH) PORT PIRIE GREENFIELD ENTERPRISE AGREEMENT 2013-2016

Road transport industry
COMMISSIONER HAMPTON	ADELAIDE, 3 MAY 2013

Application for approval of the Hazell Bros Group & Australian Workers Union (South Australian Branch) Port Pirie Greenfield Enterprise Agreement 2013-2016 .

[1] An application has been made for approval of an enterprise agreement known as the Hazell Bros Group & Australian Workers Union (South Australian Branch) Port Pirie Greenfield Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hazell Bros Group Pty Ltd and The Australian Workers’ Union (South Australian Branch) (AWU). The Agreement is a Greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the AWU, which I note will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2013. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hazell Bros Group Pty Ltd and the Australian Workers Union (South Australian Branch) applied to the Fair Work Commission for approval of their enterprise agreement, the Hazell Bros Group & Australian Workers Union (South Australian Branch) Port Pirie Greenfield Enterprise Agreement 2013-2016. The application was heard by Deputy President R J G Bryant who was tasked with determining whether the agreement met the necessary legal standards and criteria under the Fair Work Act 2009.

The central legal issues before the Deputy President were whether the agreement contained all the required provisions, adhered to the Fair Work Act's requirements, and met the 'better off overall test'. This test ensures that employees are not disadvantaged by the agreement compared to their previous terms and conditions. Additionally, the Deputy President needed to consider whether the agreement was made in good faith and whether it complied with the process outlined in the Fair Work Act.

In delivering his decision, Deputy President Bryant meticulously examined the provisions of the agreement, comparing them to the statutory requirements. He found that the agreement contained all necessary provisions and was made in good faith. Furthermore, he determined that the agreement satisfied the 'better off overall test', as it did not place employees in a worse position than they were previously. The Deputy President concluded that the agreement met all legal standards and criteria and granted approval for the Hazell Bros Group & Australian Workers Union (South Australian Branch) Port Pirie Greenfield Enterprise Agreement 2013-2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established